Constitutional, Statutory, and Non-Statutory Bodies

Context (IE): In recent years, opposition parties have voiced concerns over the autonomy, integrity, and credibility of India’s constitutional bodies.

Constitutional Bodies

• Definition: These bodies are explicitly outlined in the Indian Constitution and are crucial for ensuring proper governance and checks and balances within the system.
• Key Characteristics:
  • Created directly by the Constitution of India.
  • Can only be modified or dissolved through a constitutional amendment.
  • Operates independently with a significant level of autonomy.
• Examples:
  • Election Commission of India (ECI): Responsible for conducting free and fair elections.
  • Comptroller & Auditor General (CAG): Audits government expenditures, ensuring accountability.
  • Union Public Service Commission (UPSC): Oversees merit-based recruitment for civil services.
  • Finance Commission: Advises on the distribution of tax revenue between the Centre and states.
  • National Commissions for SCs, STs, and Minorities: Works towards social justice for marginalized groups.

Statutory Bodies

• Definition: Created by a specific law or act passed by Parliament or state legislatures, these bodies have defined regulatory or advisory functions.
• Key Characteristics:
  • Established by a statute (law) rather than the Constitution.
  • Their powers, functions, and responsibilities are defined by the act that creates them.
  • They can be modified or dissolved through an amendment to the act.
• Examples:
  • Securities and Exchange Board of India (SEBI): Regulates the securities market and protects investors.
  • National Green Tribunal (NGT): Ensures compliance with environmental laws.
  • Insurance Regulatory and Development Authority of India (IRDAI): Regulates the insurance industry.
  • Central Vigilance Commission (CVC): Addresses corruption within public administration.
  • Telecom Regulatory Authority of India (TRAI): Oversees telecommunications and digital transactions.

Non-Statutory (or Executive) Bodies

• Definition: These bodies are formed through an executive order or government resolution rather than the Constitution or a legislative act.
• Key Characteristics:
  • Established by the government for specific purposes.
  • Can be modified, restructured, or dissolved by government decision without requiring legislative changes.
  • Primarily advisory or policy-implementing bodies rather than regulatory.
• Examples:
  • NITI Aayog: Replaced the Planning Commission to support cooperative federalism.
  • National Task Force for COVID-19: Coordinated efforts to manage the COVID-19 response.
  • Expert Committees and Task Forces: Created temporarily to address issues like economic reforms, social development, and crisis management.